West Virginia Compliance Options
Explore compliance options for West Virginia and decide which one works best for you.
Available Options & Instructions
1. Ensure that the person providing the home instruction has the required qualification.
The person providing home instruction must have a high school diploma or equivalent, or a post-secondary degree or certificate from a regionally accredited institution.
2. File a notice of intent with your school board or superintendent.
Your notice of intent must include your child’s name, address, and age. You must assure that your child will be instructed in reading, language, mathematics, science, and social studies, and be assessed annually. You must also provide evidence that the person providing home instruction possesses the required qualification. The law requires that you submit the notice on or before the date you begin homeschooling. Your notice of intent is effective until you move to a different county or stop homeschooling. Here's what to do if the superintendent denies your notice of intent: The superintendent is not legally permitted to deny your notice of intent. If a superintendent believes a parent’s right to homeschool should be denied, he or she must seek an order from the circuit court, which will only be granted if the superintendent shows evidence that the child will suffer educational neglect.
3. Assess your student annually.
You are required to obtain an assessment each year that you homeschool and to maintain copies of the assessment for three years. You may choose one of four options to assess your child. You may select any nationally normed, standardized achievement test published not more than 10 years prior. The test must be administered by someone qualified according to the test publisher and according to the instructions of the test publisher. The test must cover reading, language, mathematics, science, and social studies. A child who scores in the 4th stanine (23rd percentile) or higher, or whose score has improved since the previous year’s assessment results, is considered to have made “acceptable progress” under the law. You may choose to participate in the public school testing program. Acceptable progress will be based on the state testing program guidelines. You may obtain a written narrative that indicates a certified teacher has reviewed a portfolio of your child’s work and determined that the child’s academic progress for the year is in accordance with the child’s abilities. The narrative must include a statement about progress in the areas of reading, language, math, science, and social studies and note, if any, which areas show need for improvement or remediation. If the superintendent agrees, the child may complete any alternative academic assessment of proficiency. Acceptable progress will be determined by agreement between the superintendent and the parents. Visit our Testing and Evaluation page to learn more about yearly assessment options. Here is what will happen if your child does not demonstrate acceptable progress: If assessment under one of the options above does not show acceptable progress, you may request the county to notify you in writing of available services to assess your child’s special education eligibility. You are required to initiate a remedial program. The remedial program does not need to be submitted to or approved by the school district, but it must foster acceptable progress.
4. Submit certain assessments.
You must submit the results of the assessment for your child for 3rd, 5th, 8th, and 11th grades to the county superintendent by June 30 of those years.
1. Ensure that the person providing the instruction has the required qualification.
The person providing instruction to a child participating in a learning pod must have a high school diploma or equivalent, or a post-secondary degree or certificate from a regionally accredited institution or other specified educational entity.
2. File a notice of intent to participate in a learning pod with your school board or superintendent.
Your notice of intent must include your child’s name, address, and age. You must assure that your child will be instructed in reading, language, mathematics, science, and social studies, and be assessed annually. You must also provide evidence that the person providing instruction possesses the required qualification. The law requires that you submit the notice on or before the date you begin participating in a learning pod. The person providing instruction must notify the superintendent if participation in a learning pod is terminated. If a new county of residence in West Virginia is established, the person providing instruction must notify the previous superintendent and submit a new notice to the superintendent of the new county, or the parent must otherwise comply with the compulsory attendance law. Here's what to do if the superintendent denies your notice of intent: The superintendent is not legally permitted to deny your notice of intent. If a superintendent believes a parent’s right to homeschool should be denied, he or she must seek an order from the circuit court, which will only be granted if the superintendent shows evidence that the child will suffer educational neglect.
3. Assess your student annually.
Under the Notice of Intent or Learning Pod options, you are required to obtain an assessment each year that you homeschool and to maintain copies of the assessment for three years. You may choose one of four options to assess your child. You may select any nationally normed, standardized achievement test published not more than 10 years prior. The test must be administered by someone qualified according to the test publisher and according to the instructions of the test publisher. The test must cover reading, language, mathematics, science, and social studies. A child who scores in the 4th stanine (23rd percentile) or higher, or whose score has improved since the previous year’s assessment results, is considered to have made “acceptable progress” under the law. You may choose to participate in the public school testing program. Acceptable progress will be based on the state testing program guidelines. You may obtain a written narrative that indicates a certified teacher has reviewed a portfolio of your child’s work and determined that the child’s academic progress for the year is in accordance with the child’s abilities. The narrative must include a statement about progress in the areas of reading, language, math, science, and social studies, and note, if any, which areas show need for improvement or remediation. If the superintendent agrees, the child may complete any alternative academic assessment of proficiency. Acceptable progress will be determined by agreement between the superintendent and the parents. Visit our Testing and Evaluation page to learn more about yearly assessment options. Here's what happens if your child does not demonstrate acceptable progress: If assessment under one of the options above does not show acceptable progress, you may request the county to notify you in writing of available services to assess your child’s special education eligibility. You are required to initiate a remedial program. The remedial program does not need to be submitted to or approved by the school district, but it must foster acceptable progress.
4. Submit certain assessments.
You must submit the results of the assessment for your child for 3rd, 5th, 8th, and 11th grades to the county superintendent by June 30 of those years.
